kastan mining plc vs devotha salum 2020 tzhcld 80 27 april 2020

The dismissal of the revision without hearing both parties contravened the principles of natural justice and the right to be heard; the error was due to advocates' negligence but should not penalize the parties. Restoration is ordered to ensure substantive justice.

Citation: kastan mining plc vs devotha salum 2020 tzhcld 80 27 april 2020
Parties: Applicant: Kastan Mining PLC; Respondent: Devota Salum
Court: TANZLII
Jurisdiction: Tanzania
Judgment Date: 27 April 2020
Procedural Posture: Miscellaneous Labour Application / Ruling on Application to Set Aside Dismissal Order
Outcome: Application granted with conditions
Legal Topics: Right to Be Heard, Natural Justice, Restoration of Dismissed Cases, Procedural Fairness
Source Language: English

Labour Law Civil Procedure Right to Be Heard Natural Justice Restoration of Dismissed Cases Procedural Fairness

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Parties

Kastan Mining PLC

Applicant

Devota Salum

Respondent

Procedural Posture

Miscellaneous Labour Application / Ruling on Application to Set Aside Dismissal Order

Legal Issues

1 Whether the dismissal of the revision for non-appearance without hearing parties contravened principles of natural justice
2 Whether the application to set aside the dismissal order should be granted

Ratio Decidendi

Court Disposition

Application granted with conditions

Orders

Dismissed revision to be re-enrolled by applicant filing fresh application for revision within twenty-one days from the ruling date